The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-01-22
THE MCGIFFIN TRIAL.
second Day of the PrOeeedingS-The
Prisoner Found GuiIty-SenteHc e
Deferred.

The trial OF McGiftin was resumed in
the Supreme Court yesterday morning
at 9 80 o'clock The first witness called
was John Kidwell, who stated that after
the robbery he saw Harry McChesney
with man in a wagon whom he thought
was McGiffin.
Mrs. McChesney stated know Nc
Giffin. He is present in Court. Have
seen him around my house, once alone
and once with my son. They came
together with a load OF watermelOns.
McGifin was seated on the wagon and
turned away when l went out. 1t looked
as if he did not want to see me. l re-
member the time the money was stolen.
1t was steamer day. McGiffin came
once to my house. 1t was after a trunk
had been stolen. He came to look over
the house to find out clue to the thief.
Cross-examined-My son is 16. [ do
not remember the time the trunk was
stolen. McGifin came soon after, and L
showed him over the house. We have
a monkey. McGiffin was not playing
with it the day they came with the
watermelons. | have complained to the
authorities about my son keeping late
hours. He earned $40 week at the
store. | collected the money and gave
him 81 out OF it each week. [ had never
suspected him of being dishonest. l
collected his wages because l thought
boy of his age should not have SO much
money.
The prosecution here rested.
bIr. Creighton moved for the discharge
of the defendant on the ground that
there was fatal variance between the
allegations in the Indictment and the
proof The Indictment alleges the
amount to be 5000 of lawful money Of
the realm, whereas the proof is that. a
large part of the money consisted of
Spreckels & Co. s certificates and U. 5.
greenbacks, which are not lawful
money. Again, the prosecution has not
proved that they are of any value. There
was also variance between the descrip-
ton of the property III the Indictment
and the proof, and the proof does not
identify the property in such a way as
would enable the defendant to plead an
acquittal or conviction if charged sub
sequently with Il larceny of the same
thing.
After argument by the Attorney Gen
eral, the Chief Justice overruled the
motion to discharge the defendant, as
under the statute the indictment was
sufficient.
Mr.. Creighton noted exceptions to the
ruling.
The first witness called for the defense
was Fred Grannis, who stated am an
operator for the Mutual Telephone Com
pany. [ have known Harry McChesney
quite while. Have been with him a
good deal Met him at different times
OF the day. L went with him once to
Waialua. 1t was after the 10th of Sep
TENDER. While there he made PROPOSE
ton to me that he could get money from
his father, and wanted the to put it into
the bank in my name. | refused, and
told him l did not want anything to do
with it, as l did not wish to get into
trouble. Cross eXamined-McChesney
met me and asked me to go to Waialua
We went to his house first. Harry got
some tins OF fruit and meat and put
them into the brake. | saw Mrs. Nc
Chesney and spoke to her. l cannot say
for certain that asked Mrs. McChesney
to let Harry 90 to Waialua. I told her
was going to fetch some horses from
there, and wanted Harry to help me to
bring them up. [. vas looking for
horses for a Mr.. Cameron. While at
Waialua we stopped at Emerson's. We
were there from Thursday to Saturday.
1t was on the Friday that the conversa-
ton took place about putting the money
in the bank. We quarreled at one time
about some stamps. have lived in the
same house as McGiffin on Emma street.
have never been out with him at
nights.
Mr.. Justice Bickerton was next called,
and testified as to the criminal record
kept by him in the Police Court when
Police Justice, in the case of the King
VS.. McChesney and McGiffin, on the
18th of October.
Police Justice Dayton stated know
Mrs. McChesney. At the time was
Deputy Marshal L remember her coming
to me about Harry. cannot state how
often she, came. Her other son came
more frequently. 1t was during the alb
sence of the father at the Coast that
complaints were made. Harry would
stay out late at nights. He was like the
rest of boys.
J. H. soper stated was Marshal of